772 F.2d 10 (2nd Cir. 1985), 1314, International Union of Elevator Constructors, AFL-CIO v. National Elevator Industry, Inc.

Docket Nº:Cal. No. 1314, Docket 85-7228.
Citation:772 F.2d 10
Party Name:INTERNATIONAL UNION OF ELEVATOR CONSTRUCTORS, AFL-CIO, Plaintiffs-Appellees, v. NATIONAL ELEVATOR INDUSTRY, INC., Montgomery Elevator Company, Elevators, Inc., and Fairhall Elevator, Inc., Defendants-Appellants.
Case Date:September 12, 1985
Court:United States Courts of Appeals, Court of Appeals for the Second Circuit
 
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Page 10

772 F.2d 10 (2nd Cir. 1985)

INTERNATIONAL UNION OF ELEVATOR CONSTRUCTORS, AFL-CIO,

Plaintiffs-Appellees,

v.

NATIONAL ELEVATOR INDUSTRY, INC., Montgomery Elevator

Company, Elevators, Inc., and Fairhall Elevator,

Inc., Defendants-Appellants.

Cal. No. 1314, Docket 85-7228.

United States Court of Appeals, Second Circuit

September 12, 1985

Argued June 20, 1985.

Page 11

Sally M. Armstrong, Washington, D.C. (O'Donoghue & O'Donoghue, Washington, D.C., Franklin K. Moss, Cohen, Weiss & Simon, New York City, of counsel), for plaintiffs-appellees.

Charles O. Strahley, New York City, (Michael T. McGrath, Putney, Twombly, Hall & Hirson, New York City, of counsel) for defendants-appellants.

Before VAN GRAAFEILAND and PRATT, Circuit Judges, and RE, Chief Judge, United States Court of International Trade. [*]

VAN GRAAFEILAND, Circuit Judge:

National Elevator Industry, Inc. and three elevator companies appeal from a judgment of the United States District Court for the Southern District of New York (Broderick, J.) compelling them to arbitrate discharge grievances with the International Union of Elevator Constructors, AFL-CIO. For reasons hereafter discussed, we affirm.

National is a New York membership corporation which operates as a trade association of employers in the elevator construction, maintenance and repair industry. Montgomery Elevator Company and Elevators, Inc. are two of its members. Fairhall Elevator, Inc. is an independent company in the same industry. For over fifty years, National has negotiated standard bargaining agreements with the Union on behalf of its members. The Union also has negotiated agreements with independent employers such as Fairhall, which incorporate by reference the terms of the Standard Agreements.

The three most recent Standard Agreements have had five year terms, commencing in 1972, 1977 and 1982. Each has contained an Article XV entitled "Arbitration", which prescribes a procedure for the resolution of all differences and disputes regarding the application and construction of the Agreement. In substance, Article XV establishes a National Arbitration Committee, consisting of three representatives appointed by National and three appointed by the Union. Any dispute which cannot be resolved at the local or regional level is to be referred to the Committee. If the Committee is unable to reach a decision or is deadlocked, the...

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